1-9. GENERAL PENALTY.

   (A)   Misdemeanor. It shall be unlawful and constitute a misdemeanor for any person to violate or fail to comply with any of the provisions of this Code, unless such violation or failure is, by state statute, declared to be a felony, or civil infraction, or is declared to be a municipal civil infraction as specified in division (C) of this section or unless otherwise specified in this Code of Ordinances. Every person convicted of a misdemeanor for a violation of or failure to comply with any provision of this Code or any regulation lawfully promulgated pursuant thereto shall, unless otherwise prescribed in this Code, be punished by a fine of not more than $500, by imprisonment for a period of time not to exceed 90 days or by both such fine and imprisonment. However, unless otherwise provided by law, and notwithstanding any charter provisions to the contrary, every person convicted of a misdemeanor for a violation of or failure to comply with a provision of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days, unless otherwise prescribed in this Code, shall be punished by a fine of not more than $500, by imprisonment for a period of time not to exceed 93 days or by both such fine and imprisonment. Any person convicted of attempting to commit an offense which constitutes a misdemeanor shall be fined not more than $500, imprisoned for a jail term not to exceed 45 days or both.

   (B)   Civil infraction. It is unlawful and constitutes a civil infraction for any person to violate or fail to comply with any provision of this Code that substantially corresponds to a law that is included in Public Act 12 of 1994, being M.C.L.A. § 600.113, that is not punishable as a misdemeanor.

   (C)   Municipal civil infraction. It is unlawful and constitutes a municipal civil infraction for any person to violate or fail to comply with the following provisions of this Code:

Chapter	Title	Section
5	Alcoholic Beverages	5-1(A) (first offense only, and if no prior judgments for the listed alcohol-related offenses)
7	Amusement Devices	7-4(A), (B), 7-9, 7-10, 7-12(A)(13), (14), (15), 7-12(B)(1), (2), 7-12(E), 7-12(F)
8	Animals and Fowl	8-10(A), 8-10(F), 8-11(B), 8-13, 8-20, 8-26(B), 8-28(D), 8-32(B), 8-36(A), 8-41(A), 8-41(D), 8-41(H), 8-44(B) , 8-54(B), 8-54A(A)(21), 8-54A(A)(22), 8-54A(A)(2)8, 8-54A(A)(29)
9	Bicycles	9-3(c ), 9-4, 9-6(a), (b), 9-7, 9-8
11	Buildings and Building Regulations	Michigan Construction Code, with updates, as promulgated by the Director of Consumer and Industry Services after October 15, 1999, except for the following sections.
11	Buildings and Building Regulations	Michigan Building Code: 110.1, 110.2, 110.4, 110.5, 114.2 and 115.1
		Michigan Residential Code: R110.1, R110.2, R110.4 and R110.5
		Michigan Plumbing Code: P108.5
		Michigan Mechanical Code: M108.5
		Property Maintenance Code, except for the following: 108.1.1, 108.1.2, 108.1.3, 108.1.4, 108.2, 108.4, 108.5, 109.1, 302.8; All sections of Division 3 of Article VI of Chapter 11
12	Business Registration and Regulations	12-4(a), (b)
		Film permits: All sections except 12-160, 12-166, and 12-167
		12-21 (first offense only)
		12-47, 12-48(D), 12-50(A), 12-50(D), 12-50A (first offense only)
		12-272, 12-275(A), 12-275(D), 12-276 (first offense only)
17	Earth Changes	All sections
19	Fences	19-3, 19-5 through 19-8, 19-12, 19-15
20	Fire Prevention and Protection	All sections of the 2015 International Fire Code, except for the following: 104.11.2, 104.11.3, 104.11.4, 104.11.5, 110, 111.4 (first violation), 401.4, 2703.3; 20-117(A), 20-117(C)
20	Fire Prevention and Protection	20-101(C), 20-101(G), 20-101(H), 20-115(A) (first offense within 72 hours), 20- 115(B), 20-115(C), 20-115(E) (first offense within 72 hours), 20-115(G) (first offense within 72 hours), 20-115(I) (first offense within 72 hours), 20-117(A) (first offense only), 20-117(C) (first offense only)
21	Flood Damage Prevention	21-5, 21-6(1), 21-7
22	Food and Food Establishments	22-21 through 22-23, 22-24(a), 22-25, 22-26(a), (b), 22-39(b), 22-42 through 22-45
23	Garbage and Refuse	23-3, 23-4, 23-5, 23-7, 23-9, 23-10, 23-13, 23-16(A), 23-17, 23-26, 23-34, 23-41, 23-51, 23-52, 23-71
25	Human Relations	25-5, 25-6, 25-7, 25-8, 25-10
28	Library Thefts	28-11(b)
29	Licensing of Businesses	29-2, 29-10, 29-11, 29-15(A)
33	Nuisances	33-3 (subsection 33-2(S) only)
35	Offenses and Miscellaneous P rovisions	35-6, 35-24A(A), 35-39, 35-65(A)(10) (Under 17 Only), 35-65(C), 35-65(D) (first and second offenses only), 35-65(E) (all offenses under age 18 and first and second offenses over age 17), 35-67(C)(5), (7), (8), (9), 35-67(C)(11) (first offense only), 35-67(D)(4), (6), (7), (12), 35-67(D)(8) (first offense only), 35-67(D)(14) (first offense only), 35-68, 35-81, 35-94(A) (first offense only), 35-95
36	False Alarms	36-4(D)
37	Parking and Storage of Certain Vehicles	37-14(a), (b), (c), 37-24, 37-25, 37-31, 37-52
38	Parks	38-5, 38-8, 38-13(3) through 38-13(6), 38-14, 38-15, 38-18 through 38-22, 38-27, 38-38(a), 38-42, 38-44
43	Recreational Waters	43-3, 43-5(a), (b), (c), 43-6(a), (b), 43-8, 43-9(a), (b), (c)
44	Schools	44-7(B), 44-8(A), 44-9
48	Streets and Sidewalks	48-4 through 48-6, 48-9, 48-19, 48-20, 48-22, 48-23(a), (b), (c), 48-24, 48-35, 48-36(a), 48-37
49	Traffic and Vehicle Code	49-94(A)
51	Vegetation	51-6, 51-7, 51-8(a), (b), 51-9 through 51-14, 51-16, 51-39(a), (b), (c), 51-44(a) through (e), 51-46 (a) through (d)
52	Vehicles for Hire	52-18, 52-19(c), 52-20, 52-22, 52-23(a), (b), 52-24, 52-26(b), 52-27(a), (b), 52-28 through 52-30, 52-33(a), (b), 52-34(a) through (d), 52-49, 52-65
53	Water, Sewage and Sewage Disposal	53-107 (except repeat offenders within 24 hours)

 

   (D)   Additional remedies. In addition to all other remedies, the city may commence and prosecute appropriate actions or proceedings in court to restrain or prevent any noncompliance with or violation of any of the provisions of this Code or to correct, remedy or abate such noncompliance or violation.

(1978 Code, § 1-3; Ord. No. 328, § 3, 1-5-97; Ord. No. 328-A, § 1, 5-18-98; Ord. No. 339, § 328B, § 2, 1-19-99; Ord. No. 349, § 1, 10-17-00; Ord. No. 367, § 12, 12-17-02; Ord. No. 368, § 2, 3-18-03; Ord. No. 374, § 2, 12-21-04; Ord. No. 376, § 2, 3-15-05; Ord. No. 378, § 3, 5-3-05; Ord. No. 384, § 2, 8-15-06; Ord. No. 388, §§ 35 - 36, 1-3-07; Ord. No. 392, § 4, 12-18-07; Ord. No. 396, § 15, 5-6-08; Ord. No. 397, § 2, 6-3-08; Ord. No. 399, § 3, 12-16-08; Ord. No. 401, § 2, 3-2-09; Ord. No. 411, § 12, 2-1-11; Ord. 413, § 17, 5-17-11; Ord. No. 419, § 2, 6-19-12; Ord. No. 425, § 3, 3-5-13; Ord. No. 430, § 2, 8-6-13; Ord. No. 431, § 3, 10-1-13; Ord. No. 435, § 3, 6-17-14; Ord. No. 436, § 3, 8-19-14; Ord. No. 437, § 1, 10-7-14; Ord. No. 439, § 6, 2-17-15; Ord. No. 450, § 2, 12-20-16; Ord. No. 453, § 2, 5-3-17; Ord. No. 452, § 4, 6-20-17; Ord. No. 454, § 4, 7-18-17; Ord. No. 209-F, § 2, 12-5-17; Ord. No. 455, § 3, 12-19-17; Ord. No. 461, § 5, 12-18-18; Ord. No. 462, § 4, 3-18-19; Ord. No. 463, § 4, 4-16-19; Ord. No. 471, § 5, 8-5-20; Ord. No. 479, § 3, 7-20-21; Ord. No. 480, § 3, 1-18-22; Ord. No. 495, § 2, 4-16-24; Ord. No. 497, § 3, 7-2-24; Ord. No. 496, § 4, 5-21-24)

Charter reference:

   Authority of Council to provide punishment for violation of ordinances, see § 6.04(5);

   Violation of city ordinances deemed misdemeanors for arrest purposes, see § 7.10

Statutory reference:

   Punishment not to exceed limits set out above, see M.S.A. § 5.2082, M.C.L. §§ 117.3k, 117.4i